Compensation Amount Guide in Dental Compensation Claims

Can I legally claim for a dental negligence award?

In the majority of cases, the answer is yes. Generally, in legal medical negligence cases, compensation must be settled or ongoing legal proceedings must have been issued within three years of the injury having been sustained. However there are some exceptions to this rule:

In the case of children, the three year restriction does not begin until the child's 18th birthday.

If the claimant has mental incapacity, there is no time limit and a claim for dental negligence can be made at any time.

In clinical negligence cases the limitation period begins to run from the date when the injury was first discovered which may be many years after the negligent act by the healthcare provider.

Though circumstances are rare, a Judge has the discretion to overrule time limits in appropriate circumstances.

For more information see our Time limits page

What damages will be taken into account when calculating the compensation award?

In deciding upon the size of the compensation award for dental negligence cases, the courts will take into account the following factors:

General Damages: The courts will take into account any pain or suffering caused as a result of the injury and loss of physical ability or ongoing pain if there is a continuing disability.

Special Damages: Associated losses such as lost income through not being able to work and estimated future losses and expenses due to the dental injury. These may include:

Any income already received such as state benefits. If the person making the dental negligence claim has already claimed benefits in relation to the dental injury then the monies received will be balanced off against the agreed compensation award. The main benefits which would be taken into account are:

Disability Working Allowance;

Disablement Pension;

Incapacity Benefit;

Income Support;

Invalidity Pension;

Invalidity Allowance;

Job seeker's Allowance;

Reduced Earnings Allowance;

Severe Disablement Allowance;

Sickness Benefit;

Statutory Sick Pay;

Unemployability Supplement;

Unemployment Benefit;

** note these benefits are usually taken into account when making your dental claim and so therefore there would be no real loss following repayment.

Where do I go from here?

For free advice from our specialist Solicitors Panel then just complete the contact form and a member of our Solicitor Panel for medical negligence will telephone you to discuss your claim further.